As used in this article, the following terms
shall have the meanings indicated:
A place of more than 100 square feet of area on any lot,
where waste, discarded or salvaged materials are bought, sold, exchanged,
baled, cleaned, packed, disassembled or handled, including auto-wrecking
yards, house-wrecking yards, scrap-processing yards and places or
yards for used or salvaged house-wrecking and structural steel materials
and equipment, as distinguished from such uses when conducted entirely
within a completely enclosed building and as distinguished from pawnshops
and establishments for the sale, purchase or storage of used cars
in operable condition, salvaged machinery, used furniture and household
equipment and the processing of used, discarded or salvaged materials
as part of manufacturing operations.
Any person, firm or corporation who operates a junkyard,
including auto wreckers and scrap processors.
The Village Board shall, consistent with the
express standards, purposes and intent of this chapter, promulgate,
adopt and issue such interpretations, procedural rules, regulations
and forms as are in the Village Board's opinion necessary to effective
administration and enforcement of the provisions of this article.
These interpretations, rules, regulations and forms shall be available
to the public at the office of the Village Clerk. Such rules, regulations
and forms shall be effective upon filing with the Village Clerk as
a communication to the Village Board.
A.
Every license granted hereunder shall designate the
place in which said licensee shall be authorized to carry on business,
and such business shall not be conducted at any other place than the
one so designated.
B.
No person, firm or corporation shall operate or maintain
a junkyard or a vehicle in connection therewith unless the vehicle
and the junkyard shall bear in a conspicuous place, visible from the
rear of such vehicle and from the front of the place of business,
a sign on which shall be set forth in conspicuous letters and figures
the name, address and number of the license. The sign at the place
of business shall comply with applicable zoning district regulations
regarding signs.
C.
No license shall be issued or renewed, nor shall the
operation of a junkyard be permitted, until the following conditions
are met:
(1)
Junkyards shall be established and maintained pursuant
to the standards of this article.
(2)
The Village Clerk shall have the power, either personally
or through a duly authorized member of his staff, to enter and inspect
all junkyards in the Village during normal business hours in order
to ensure compliance with all laws, rules and regulations.
(3)
No material shall be placed in any junkyard in such
a manner that it is capable of being transferred out of the junkyard
by wind, water or other natural causes. The loose storage of paper
and the spilling of flammable or other liquids into streams or sewers
is prohibited.
(4)
All materials shall be stored in such a manner as
to prevent the breeding or harboring of rats, insects or other vermin.
Where necessary, this shall be accomplished by enclosure in containers,
raising of materials above the ground, separation of types of materials,
preventing the collection of stagnant water, extermination procedures
or other means. Professional monthly exterminating services shall
be required, and a log indicating the dates and findings of such professional
services shall be maintained on the premises. Upon proper inspection
and investigation, waiver of any portion of these requirements may
be made by the Village Board.
(5)
Stores of rubber shall not be permitted to accumulate
so as to create a hazard.
(6)
If burning is to be conducted on the premises when
permitted by applicable law, it shall be carried on in an incinerator
acceptable to the Zoning Board. The standards of the State of New
York and other applicable standards relating to air pollution shall
be adhered to.
(7)
Fire hazards shall be prevented by organization and
segregation of stored materials, with particular attention to the
separation of combustibles, where necessary, by the provision of adequate
aisles for escape and fire fighting and by other necessary measures.
(8)
All paper, rags, cloth and other fibers and activities
involving the same, other than loading and unloading, shall be within
fully enclosed buildings, except that securely baled paper may be
stored unenclosed.
(9)
All junkyard materials and activities not within fully
enclosed buildings shall be surrounded by a solid, stable fence or
wall of acceptable design to be at least eight feet in height, surfaced
so as to be resistant to damage from the elements and from stored
materials and erected and maintained in a manner that will provide
effective screening of the premises. Any gate in such fence shall
be similarly constructed and maintained (except that a view hole may
be left in each such gate for the purpose of preventing vandalism,
theft and other crime) and shall be kept locked at all times when
the facility is not in operation.
(a)
Any junkyard existing at time of adoption of
this chapter not having a fence or gate as required by this subsection
shall be provided with such, unless, upon written application of a
junkyard operator, the Zoning Board waives the requirement of solid
fencing due to the location of the junkyard, unusual topography or
the nature of the operation. The Zoning Board shall make or cause
to be made a complete investigation and inspection of the junkyard
before granting a waiver.
(b)
Such a waiver shall clearly state the reasons
therefor, a description of the boundaries of the junkyard and a description
of the area where the modification is to be permitted. Such a waiver
shall also state any alternative fencing which has been found to be
acceptable.
(c)
In no instance shall the solid-fencing requirement
be waived for part of any junkyard which abuts or faces a dwelling
or a residentially zoned district.
(10)
The boundaries of any facility or operation
shall at all times be clearly delineated.
(11)
All structures, including fences on the premises,
shall be kept in good repair and painted, junkyards policed, storage
piles kept neat and operations carried on in a safe and orderly manner.
Storage piles shall be so maintained as to not create a safety hazard
and shall be of such size and stability as will prevent them from
falling by reason of the elements or the activities of the junkyard
operator.
